Friday

A former Austin police officer who was accused of insubordination and was fired last year is suing the Police Department for wrongful termination, claiming retaliation, according to a lawsuit.

Carlos Saldivar was a firearms instructor for the department, where he had worked for 18 years, the lawsuit said. Saldivar claims he was fired as a form of retaliation after he filed a complaint to the Equal Employment Opportunity Commission and the agency’s internal affairs department against his superiors for workplace discrimination, the document said.

The issues began in 2015, when another police department in Texas asked Saldivar to provide specialized training to its officers, the lawsuit said. The request was approved by the chain of command but it upset his supervisor, Sgt. Chris Smyth, who said the training would mean Smyth would have to change the entire team’s schedule, the document said.

The lawsuit said Saldivar tried to smooth over his relationship with Smyth, but after being unsuccessful, Saldivar told Smyth that he would have no option but to file a complaint with internal affairs. Smyth said that he too would file a complaint against Saldivar, the document said.

In a separate incident later that year, Saldivar allegedly left work for about 25 minutes to pick up a fellow Austin police officer at the airport without notifying a supervisor, the lawsuit said. Saldivar claims that there was no supervisor available but that he did check with other training officers before leaving, the document said. The lawsuit states that it was a usual practice for officers in the Learned Skills Unit to arrive and leave early.

The lawsuit claims that Cmdr. Darryl Jamail, Assistant Chief Jason Dusterhoft, former police Chief Art Acevedo and the Austin Police Monitor -- all of whom are also named in the lawsuit -- retaliated against Saldivar by using this event to file a complaint stating that Saldivar violated the attendance policy that forbade an officer from leaving without the permission of a supervisor.

Saldivar said this was done in retaliation, the document said. Austin police officials, the lawsuit says, hold in contempt officers who go to internal affairs to report their superiors, something Saldivar claimed played into his firing.

In early February 2016, the EEOC ruled Saldivar had a right to sue. By the middle of that month, Saldivar was notified that he was indefinitely suspended.

According to an Austin memo that was made public during the same month, Acevedo said Saldivar was fired after two internal affairs investigations found that Saldivar had been dishonest and insubordinate.

The memo also stated that Saldivar’s dismissal was based on several incidents that occurred last year and four previous suspensions.

“The evidence in this case documenting the events related to officer Saldivar’s insubordination show a pattern of behavior that demonstrates his outright refusal to follow orders from his supervisors,” said Acevedo in the memo.

Saldivar claims that facts about his private life and the case were published online on the Police Monitor’s website, making it difficult for Saldivar to find new work.

Saldivar is suing Austin police for retaliation, negligence, intentional infliction of emotional distress, a Title IX violation and public disclosure of private facts, among others, according to the lawsuit. Saldivar is also suing the Police Monitor -- an extension of the City of Austin -- for similar claims, the document said.

The lawsuit said Saldivar is seeking over $1 million in damages as he has had to use his savings, kids’ college funds and his 401k plan to support his family since his firing.

“We have not yet received the lawsuit, but we are aware of the underlying facts surrounding this case and are prepared to the defend the City,” a city spokesperson said in response to the allegations.

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